The doctrine of the complex legal act in public procurement: varied access to the Council of State

Many lawyers have already examined how the 12th Chamber of the Council of State applies the Labonorm doctrine. This suggests a possible lack of clarity or instability in this area, to the detriment of tenderers for public contracts and concessions and of contracting authorities, but also of legal practitioners who must defend their clients’ interests.

Jorien Van Belle and Kris Wauters have therefore sought to shed light on this complex issue. Their contribution aims to explain the scope of the Labonorm doctrine in the light of the subsequent and most recent case law of the 12th Chamber. They also examined the Labonorm doctrine against European law and every citizen’s fundamental right of access to a court.

Read it all in the legal journal Marchés et Contrats publics/Overheidsopdrachten en -Overeenkomsten, 2021/1, pp. 11-27.